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State Charities Law (L. 1896, ch. 546), §§ 138, 139.

care. If such female at the time of such commitment, shall be the mother of and have under her exclusive care a child more than one year of age, which might otherwise be left without proper care or guardianship, the magistrate committing such female shall cause such child to be committed to such asylum as may be provided by law for such purposes, or to the care and custody of some relative or proper person willing to assume such care. (Added by L. 1904, ch. 453, in effect June 1, 1904.)

The board of

§ 138. Conveyance of females committed. managers of such institution shall employ suitable female persons to be known as marshals, to convey from the place of conviction to such institution, all females legally committed thereto, and such marshals shall have the power and authority of deputy sheriffs in respect thereto. All expenses necessarily incurred in making such conveyance shall be paid by the treasurer of the board of managers. (Added by L. 1904, ch. 453, in effect June 1, 1904.)

§ 139. Detentions and rearrests in cases of escapes. The board of managers of such institution may detain therein, under the rules and regulations adopted by them, any female legally committed thereto, according to the terms of the sentence and commitment, and conditionally discharge such female at any time prior to the expiration of the term of commitment. If an inmate escape or be conditionally discharged from such institution, the board of managers may cause her to be rearrested and returned to such institution, to be detained therein for the unexpired portion of her term, dating from the time of her escape or conditional discharge. A person employed by the board of managers of such institution to convey to such institution, females committed thereto, may arrest, without a warrant, an escaped inmate in any county in this state, and shall forthwith convey her to the institution from which she escaped; and a magistrate may cause an escaped inmate to be arrested and held in custody, until she can be removed to such institution, as in the case of her first commitment thereto. A person conditionally discharged from such institution may be arrested and returned thereto, upon a warrant issued by its president and secretary. Such warrant shall briefly state the reason for such arrest and return, and shall be directed and delivered to a person employed by such board of managers to convey to such institution females committed thereto, and may

State Charities Law (L. 1896, ch. 546), §§ 139a-139c.

be executed by such person in any county of this state. (Added by L. 1904, ch. 453, in effect June 1, 1904.)

§ 139-a. Employment of inmates.-The board of managers of such institution shall determine the kind of employment for females committed thereto and shall provide for their necessary custody and superintendence. The provisions for the safe keeping and employment of such females shall be made for the purpose of teaching such females a useful trade or profession and improving their mental and moral condition. Such board of managers may credit such females with a reasonable compensation for the labor performed by them, and may charge them with the necessary expenses of their maintenance and discipline, not exceeding the sum of two dollars per week. If any balance shall be found to be due such females at the expiration of their terms of commitment, such balance may be paid to them at the time of their discharge. To secure the safe keeping, obedience and good order of the females committed to such institution, the superintendent thereof, has the same powers as to such females, as keepers of jails and penitentiaries possess as to persons committed to their custody. (Added by L. 1904, ch. 453, in effect June 1, 1904.)

§ 139-b. Clothing and money to be furnished discharged inmates. The board of managers of such institution may, in their discretion, furnish to each inmate of such institution who shall be discharged therefrom, necessary clothing not exceeding twelve dollars in value, or if discharged between the first day of November and the first day of April to the value of not exceeding eighteen dollars, and ten dollars in money, and a ticket for the transportation of one person from such institution to the place of conviction of such inmate, or to such other place as such inmate may designate, at no greater distance from such institution than the place of conviction. (Added by L. 1904, ch. 453, in effect June 1, 1904.)

§ 139-c. Confinement of female juvenile delinquents under sentences by the courts of the United States. The superintendent of the New York state training school for girls, at Hudson, shall receive and safely keep in such institution, subject to the regulations and discipline thereof, and the provisions of this

State Charities Law (L. 1896, ch. 546), § 140.

article, any female not over the age of sixteen years convicted of any offense against the United States, under sentences of imprisonment in any court of the United States, sitting within this state, until such sentences be executed, or until such delinquent shall be discharged by due course of law, conditioned upon the United States supporting such delinquent and paying the expenses attendant upon the execution of such sentence. (Added by L. 1904, ch. 453, in effect June 1, 1904.)

ARTICLE IX.

HOUSE OF REFUGE AND REFORMATORY FOR WOMEN.

(Schedule of sections and title of article amended by L. 1904, ch. 453.) Section 140. Names and locations of house of refuge and reformatory for women.

141.

Appointment of managers.

142. General powers and duties of managers.

143. Appointment and removal of officers and employes; com

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146. Commitments; papers furnished by committing magistrates. 147. Return of females improperly committed.

148.

149.

150.

151.

152.

Disposition of children of women so committed.

Conveyance of women committed.

Detention and rearrest in case of escapes.

Employment of inmates.

Employment of counsel.

153. Board of managers of Bedford reformatory to notify

county clerks of completion thereof.

§ 140. Names and locations of house of refuge and reformatory for women.- The house of correction for women located at Albion is continued and shall be known as the western house of refuge for women. The reformatory for women located at Bedford is also continued and shall be known as the New York state reformatory for women. The house of refuge for women at Hudson shall be continued as the New York state training school for girls, as provided in article eight of the state charities law. No female over the age of sixteen years shall be committed to the New York state training school for girls after June first, nineteen hundred and four. All inmates of the house of refuge for women at

State Charities Law (L. 1896, ch. 546), §§ 142, 146.

Hudson on June first, nineteen hundred and four, unless transferred therefrom pursuant to the provisions of law, shall be subject to the custody and control of the board of managers of such institution, according to the provisions of law under which they were committed thereto. (Amended by L. 1904, ch. 453, in effect June 1, 1904.)

§ 142. General powers and duties of managers. Each board of managers shall have the general superintendence, management and control of the institution over which it is appointed; of the grounds and buildings, officers and employes thereof; of the inmates therein, and of all matters relating to the government, discipline, contracts and fiscal concerns thereof, and may make such rules and regulations as may seem to them necessary for carrying out the purposes of such institutions. Each board of managers shall constitute a board of parole of the institution over which it is appointed, and shall have power to parole and discharge inmates as hereinafter provided. In the consideration of the parole or discharge of any inmate of the New York state reformatory for women at Bedford, the judge or magistrate who committed any female to such institution, when he so requests in writing, shall constitute a member of such board of parole in considering and determining the matter of the parole or discharge of such female committed by him. (Amended by L. 1904, ch. 165, in effect March 28, 1904.)

§ 146. Commitments; papers furnished by committing magistrate. Subdivision 1. A female between the ages of fifteen. and thirty years, convicted by any court or magistrate of petit larceny, vagrancy under subdivision three or four of section eight hundred and eighty-seven of the code of criminal procedure, habitual drunkenness, of being a common prostitute, or frequenting disorderly houses or houses of prostitution, or of a misdemeanor, and who is not insane, nor mentally or physically incapable of being substantially benefited by the discipline of either of such institutions, may be sentenced and committed to the western house of refuge for women at Albion or the New York state reformatory for women at Bedford, to be there confined under the provisions of law relating to such institution. Such commitments shall not be for a definite term, but any such female may be paroled or discharged at any time after her commitment by the board of managers of such institution, but shall not in any case be detained

State Charities Law (L. 1896, ch. 546), § 147a.

longer than three years. Such commitments to the western house of refuge for women at Albion shall be from the fourth, fifth, sixth, seventh and eighth judicial districts; to the New York state reformatory for women at Bedford, from the first, second and third judicial districts. (Subdivision amended by L. 1899, ch. 632; L. 1904, ch. 169, and L. 1904, ch. 453, in effect June 1, 1904.)

L. 1904, ch. 453. § 3. Nothing in this act contained shall affect any of the provisions of chapter two hundred and fifty-two of the laws of nineteen hundred and two and the laws amendatory thereof, nor any of the provisions of chapter four hundred and thirteen of the laws of eighteen hundred and ninety-seven and the laws amendatory thereof. § 4. This act shall take effect on June first, nineteen hundred and four.

Commitment of women to houses of refuge and reformatories.— A magistrate of the city of New York has no jurisdiction to sentence a woman to the state reformatory for women at Bedford unless she is convicted of one or more of the offenses enumerated therein. People ex rel. Clark v. Keeper of N. Y. State Reformatory for Women at Bedford, 176 N. Y. 465, affirming, 80 App. Div. 448, 80 N. Y. Supp. 872.

§ 147-a. Transfers to other institutions. If at any time there shall be more inmates in any one of such institutions than can be properly cared for therein, the board of managers shall so inform the state board of charities. The state board of charities may thereupon authorize and direct the transfer of such excess, or any part of such excess of inmates to such one of the other houses of refuge or state reformatories as the state board of charities may designate. The said board of managers shall thereupon transfer to such other institution such number of inmates, preferably those last received by such institution. Such transfers shall be made as follows: The board of managers shall advise the superintendent of the institution so designated of the number to be so transferred, and this officer shall cause them to be taken to such institution and receive and keep them according to their sentences respectively. the same as if they had been originally sentenced thereto. With the inmates so transferred there shall be furnished certified copies of their sentences and commitments. (Added by L. 1904, ch. 169, in effect March 28, 1904.)

(2) Supplemental Acts.

Laws 1895, ch. 754 (See C. & G.'s General Laws, etc., p. 594), amended by L. 1902, ch. 155, in effect March 13, 1902, as follows:

§ 1. Payments by municipalities.- Boards of estimate and

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